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"Today's decision better protects workers' freedom to make their own choices in exercising their rights," said the chair of the National Labor Relations Board.
In a decision that advocates say will likely be reversed during the second administration of Republican U.S. President-elect Donald Trump, the National Labor Relations Board on Wednesday ruled that employers cannot force workers to attend anti-union speeches.
The NLRB's 3-1 decision in Amazon.com Services, LLCmeans that workers will no longer have to take part in so-called "captive audience meetings," which employers often use as a union-busting tool and a form of coercion. The agency explained that such meetings violate Section 7 of the National Labor Relations Act "because they have a reasonable tendency to interfere with and coerce employees."
"However, the board made clear that an employer may lawfully hold meetings with workers to express its views on unionization so long as workers are provided reasonable advance notice of: the subject of any such meeting, that attendance is voluntary with no adverse consequences for failure to attend, and that no attendance records of the meeting will be kept," the NLRB added.
NLRB Chairperson Lauren McFerran, a Democrat, said in a statement that "ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act."
"Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal," McFerran added. "Today's decision better protects workers' freedom to make their own choices in exercising their rights under the act, while ensuring that employers can convey their views about unionization in a noncoercive manner."
In April 2022, the NLRB's general counsel office issued a memo asserting that captive audience meetings are illegal. At least 11 states have banned such meetings. Other states are in various stages of considering or enacting bans or restrictions on them.
Workers' rights advocates hailed Wednesday's decision, although labor journalist Hamilton Nolan quipped on social media that employees should "enjoy this brief shining period before the Trump NLRB reverses this decision."
However, More Perfect Union producer Jordan Zakarin argued that Democrats can protect this "monumental win for labor" for "the next few years" if "they finally confirm" President Joe Biden's nomination of Joshua Ditelberg—a Republican lawyer who has represented companies including Amazon, Airbnb, and UnitedHealth—to fill the fifth NLRB seat.
According to the Economic Policy Institute (EPI)—a Washington, D.C.-based, pro-union think tank—U.S. employers spend an estimated $433 million per year on union-busting consultants.
"This reality makes it harder for workers to fight for their collective bargaining rights because they do not know the extent of their companies' investments in union-busting, a figure that could empower them at the negotiating table when employers claim they can't afford to increase pay and benefits," EPI said last year.
Being Trump’s buddy is not going to save you from the end of the NLRB and a return to pre-New Deal hostility to all forms of union power.
Why should anyone give a damn about a labor union’s presidential endorsement? A few reasons. Philosophically, since a good union is a democratic organization, an endorsement allows a politician to claim the legitimate support of a large group of hardworking Americans, that most treasured of groups. Politically, a good union’s endorsement also comes with money for the candidate and a team of union members to make calls and knock on doors, a valuable asset for any campaign. And practically, an endorsement allows a union to shore up support for its own priorities by cozying up to a future elected leader. A union backs a politician, the politician fights for the union’s needs, and the mutually beneficial cycle carries on.
The Teamsters’ non-endorsement of any candidate for U.S. president this week is notable in that it fails on every last one of those metrics.
In fairness, it’s not like every big union in America is some paragon of political virtue. Many or most big unions have a distinctly undemocratic endorsement process, dictated by a small group of leaders in a room rather than by an honest vote of the membership. (This can cause internal uproars, as we saw in 2020 when a number of union locals that supported Sen. Bernie Sanders (I-Vt.) railed publicly against their parent unions’ endorsements of U.S. President Joe Biden.) Credit the Teamsters for, at least, releasing some “member polling” data showing that Biden was the candidate supported by most Teamsters this summer, but that Trump had taken a lead after Vice President Kamala Harris entered the race. This fig leaf of democratic legitimacy is undermined by the fact that there was no methodology released—one number came from “Town Hall Straw Polls,” and another from an “Electronic Member Poll” that some members griped they hadn’t heard about. The American Prospectreported that the eight rank-and-file Teamster members who attended Kamala Harris’ sit down meeting with the union subsequently said they supported her—though the General Board proceeded to vote 14-3 for no endorsement.
A true union leader, who understands the stakes of this election, must stand up and tell his members: “Hey, if Trump is elected, unions, the working class, women, and your immigrant brothers and sisters are going to be fucked in the following ways.”
In reality, there is every indication that Teamsters president Sean O’Brien just… kinda likes former President Donald Trump. He posed for pictures with Trump in the lobby of Teamsters headquarters, unnecessarily. He had a private meeting with Trump at Mar-a-Lago. He had the union donate $45,000 to the Republican National Committee, alongside a donation to the Democrats. And, to cap it off, he gave a prime time speech at the Republican National Convention, mixing pro-worker slogans with ingratiating compliments to a smiling Trump. In doing so, O’Brien made himself into a useful patsy for the false and dangerous attempt by the Republicans to brand themselves as some kind of “working class” party.
O’Brien’s long flirtation with Trump has been marked by notable levels of insincerity. The Teamsters leader will say: I’m open to both sides! We’re having a fair and transparent process! This seems believable, as long as you are a child who has never encountered the American political system in action before. Want to have all candidates come to your union’s HQ to take questions? Great! You do not need to also pose for a publicity photo that they can use in their specious fascist propaganda. Want to maintain open lines of communication with both parties? Sure. That is vastly different from giving a prime time speech at a party’s convention, which is a television event that expressly exists to help get one candidate elected. Acting as if it is possible to speak at the RNC while maintaining independence is a bit like sitting in a car with the windows rolled up as your friends smoke a pound of weed, and claiming that you yourself are drug free. Have you noticed where you are, man?
Want to work with both sides of the aisle on your union’s political priorities? That’s fine. That’s great. Judge politicians not on their party label, but on what they actually do for workers. So here is a summary of the two sides in the upcoming election: One side gave you $36 billion to save your pensions. The other side was against that. One side put the most pro-union general counsel ever at the head of the NLRB. The other side will fire her, and then appoint a bunch of right-wing judges who will rule the NLRB unconstitutional. One side will try to pass the PRO Act to improve America’s labor laws. The other side will oppose the PRO Act and support every last legal and regulatory measure to drain your union of its power and make it harder to organize new workers.
Hmm. Hmm. Choices, choices.
The most plausible theory of the Teamsters’ weird endorsement fiasco is this: The union’s membership has a lot of Trump supporters, plus O’Brien himself is a bit of the macho-esque type of guy who might think Trump is sort of cool, plus—before Biden dropped out of the race—it looked like Trump was going to win. This combination of factors may have been enticing enough to convince O’Brien that he could pave the way for a plausible case to endorse Trump, which would then allow him to accrue power as the lone major union leader that Trump liked when he went back to the White House. O’Brien could then use his uniquely positive relationship with Trump to shield the Teamsters from the bad things the Republicans would do, and make himself labor’s biggest political player at the same time.
Let us count the flaws in this plan. First, Biden dropping out has reset the entire race, making the Democrats the betting favorite once again. But by the time that happened, O’Brien had already pissed off the Democrats so much with his RNC speech and general refusal to endorse that they froze him out of the DNC, instead putting a group of Teamsters members on stage to drive home the point that the Democrats saved their pensions. As soon as the Teamsters International announced they would not endorse anyone this week, Teamsters locals, councils, and caucuses across the nation began quickly announcing their own endorsements of the Harris-Walz ticket. Those endorsements piled up so fast that the Harris campaign was able to blast out their own press release saying that they add up to a total of 1 million Teamsters—the vast majority of the union’s total membership. (The Trump campaign issued its own press release bragging about the non-endorsement, thereby completing the full spectrum of political uselessness.)
Now, Sean O’Brien has pissed off the Democratic Party. He has pissed off the Harris campaign. He has pissed off the rest of the labor movement, and his union allies. He has pissed off the most politically astute segment of his own membership. He looks weak, since his own locals staged a backlash against him. O’Brien’s actions have led to an internal opposition campaign to his reelection. If the Democrats win, he will have to try to rebuild all of these bridges that have been burned. And—the cherry on top—if the Republicans win, organized labor will be fucked anyhow! Being Trump’s buddy is not going to save you from the end of the NLRB and a return to pre-New Deal hostility to all forms of union power.
Smoothly done, sir. Canny maneuvering.
I do not want to end on such a snide note. Let’s imagine that O’Brien did this all in good faith—that he truly felt that his members did not support one side or the other. It would be a positive step for union democracy if every major union had a set internal processes to solicit all members to vote on presidential endorsements every four years, and followed their will. But such a democratic process does not erase the need for leadership. A true union leader, who understands the stakes of this election, must stand up and tell his members: “Hey, if Trump is elected, unions, the working class, women, and your immigrant brothers and sisters are going to be fucked in the following ways.” The Teamsters’ process obviously did not play out like that. Perhaps we can all do better four years from now. Assuming the whole democracy thing still exists.
The right-wing agenda "offers a playbook for how an administration could jeopardize the NLRB's ability to protect organizing workers."
With longtime labor lawyer Jennifer Abruzzo at the helm of the National Labor Relations Board, serving as general counsel, the Biden administration has worked to reverse the decadeslong trend in the U.S. of weakened labor laws—achieving a high rate of workers voting to join unions, requiring thousands of workers to be reinstated at their jobs after being illegally fired for organizing, and increasing the number of workers who are eligible to unionize.
But as the Center for American Progress (CAP) warned in an analysis published on Thursday, all that progress and more could be erased if former President Donald Trump, the presumptive Republican nominee in the November election, were to win a second term in the White House—enabling him to put the right-wing plot Project 2025 into action.
As Common Dreams has reported, Project 2025 is spearheaded by the conservative think tank Heritage Foundation and includes agenda items for continuing to roll back reproductive rights, imposing mass deportations of undocumented immigrants, and rolling back climate actions taken by President Joe Biden and other administrations.
The CAP analysis released Thursday details how the project would also push the White House and the NLRB to dismantle protections achieved for workers in recent years.
The general counsel would be among the federal employees whose jobs would be eliminated "on Day One" of a potential Trump presidency, threatening the NLRB's "ability to protect workers trying to organize for good, middle-class jobs," wrote CAP policy analyst Aurelia Glass.
Project 2025 also advises the NLRB to reinstate a 2019 standard which allowed many workers to be classified as independent contractors, leaving them without the legal ability to organize in the workplace.
"Project 2025 offers a playbook for how an administration could jeopardize the NLRB's ability to protect organizing workers."
The right-wing playbook would further hamstring workers' efforts to unionize by reinstating Trump-era rules that gave anti-union companies more freedom to fight organizing campaigns and allowed them to more easily avoid liability for labor violations by relying on staffing agencies and contractors to supply their workforce.
Glass noted that the Project 2025 agenda would weaken an agency that has been "a key part of the Biden administration's strategy for empowering workers."
"Crucial appointees are holding lawbreaking corporations accountable and helping reverse a decadeslong trend that allowed bad actors to bust workers' unions before they could form. Project 2025... threatens rolling back unions' success over the past four years," said Glass.
Analyzing NLRB elections data, CAP found that workers in 2024 have a better chance of winning union representation than at any point in the past 15 years, with the agency recording a 73.8% win rate—the first time in 15 years that a 70% victory rate has been surpassed.
Under the Trump administration, the win rate dipped as low as 64.4%, and with corporations employing consultants and lawyers specializing in "union avoidance," since 2008 the percentage of workers who won union representation in elections has been as low as 57.7%.
(Image: Center for American Progress)
Under the Biden administration, the NLRB has proposed bans on captive audience meetings, which require employees to attend to listen to anti-union propaganda, and surveillance for union organizers.
"Compared with this pro-worker agenda, Project 2025 instructs the next administration to eliminate procedures such as card checks, which make it easier to form a union, and would turn the administrative state against unions by accelerating the process to decertify them when workers have won a contract," wrote Glass.
CAP noted that by firing the NLRB's general counsel, a potential Trump administration carrying out Project 2025 would effectively punish Abruzzo and the agency for securing "more reinstatement offers for workers illegally fired for protected organizing activity in the general counsel's first year on the job than during the entire previous administration."
The Biden administration has achieved 8,285 offers of reinstatement for illegally fired workers—a 54% increase over the Trump administration.
Despite the successes of the past three years, wrote Glass, there is "always a risk that future administrations reverse course—and Project 2025 offers a playbook for how an administration could jeopardize the NLRB's ability to protect organizing workers."